While the statute did not provide general contracting rights, it did permit antenuptial
agreements to be enforceable after marriage.
If the spouses concluded a valid antenuptial
contract prior to their marriage whereby community of property is excluded, the marriage is referred to as one out of community of property.
The generally accepted Anglo-Canadian common-law rule is that the validity of a marriage depends both on the law of the place of celebration, which applies to the formalities, and on the law of each party's antenuptial
domicile, which determines capacity to marry.
Marriage as Partnership: The Future of Antenuptial
Agreement Law, 116
34) Once married, the husband and wife could not alter their succession plans as agreed in the antenuptial
contract by making a will in contravention of those plans unless the other spouse knew of the proposed changes and consented to them.
agreements are enforceable, but not with respect to reproduction.
Almost every person entering into an antenuptial
agreement hopes to avoid a financial dispute incident to a divorce and, in many instances, to avoid having to share assets, property, or money with the person he or she is divorcing.
2D Divorce and Separation [sections] 12, 942, 943; and Annotation, Validity, Construction, and Effect of Provision in Antenuptial
Contract Forfeiting Property Rights of Innocent Spouse on Separation or Filing of Divorce or Other Matrimonial Action, 57 A.
As Eisenstadt suggests, and as the widespread acceptance of antenuptial
agreements, "no-fault" divorce and cohabitation contracts indicate concretely, the law, reversing its express stance almost completely, has, within several decades, firmly attached itself to an understanding of adult family members as autonomous individuals, not remarkably different from business partners.
The Seventh Circuit also noted that previous courts had concluded that payments made under an antenuptial
agreement or Marvin-type palimony payments are generally gifts, rather than taxable income.
Appellants attorney, respondent, prepared an antenuptial
agreement for appellant and his then-fiance in 2006.
2008) (using parol evidence to supplement a mahr agreement, but remanding the case for reconsideration as to whether the agreement complied with the statutory requirements for antenuptial
agreements because the agreement was signed after the parties were civilly married); In re Marriage of Obaidi, 226 P.